Legal Opinion

Wilson v. State

Alabama Court of Appeals

Decided June 30, 1943No. 8 Div. 333PublishedCited by 4 opinions

1Opinion of the Court

RICE, Judge.

Appellant was convicted of the offense of assault with intent to murder, and his punishment fixed at imprisonment in the penitentiary for the term of four years. Code 1940, Tit. 14, § 38.

The appeal is on the record proper, without bill of exceptions.

There is no question but that the offenses of “assault with intent to murder,” and “assault with intent to rob” are “offenses of the same general nature and belong to the same family of crimes;” and that the “mode of trial and nature of the punishments are the same.” Hence, in separate counts of the indictment, it is proper to join the…

2Cases cited2 opinions

  1. Lucas v. StateSupreme Court of Alabama · 1905
  2. Thomas v. StateSupreme Court of Alabama · 1895

3Cited by4 opinions

  1. State v. HarlstonMissouri Court of Appeals · 1978
  2. Braxton v. MaxwellOhio Supreme Court · 1965
  3. Smelcher v. StateAlabama Court of Appeals · 1947
  4. Harger v. StateCourt of Criminal Appeals of Alabama · 1974

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